Cybercrimes Act, 2020 · Section 44
Disclosure of Data and Access to Preserved Articles
Section 44 deals with obtaining preserved data and searching for, accessing or seizing articles subject to preservation.
What the section does
Section 44 provides a disclosure-of-data direction and mechanisms for searching for, accessing and seizing articles that are subject to preservation.
Key points
- Preservation under sections 41 and 42 can be followed by lawful disclosure or access procedures.
- The Act provides for applications to amend or set aside a disclosure direction.
- Affidavit requirements apply in specified circumstances.
- The provision connects preservation with the later evidentiary use of the material.
What this means in practice
Preserving information does not by itself finish the evidence-gathering process. Further lawful authority may be required.
Important
This page is an educational explanation of the Cybercrimes Act. It is not legal advice and does not replace the Act, regulations, court decisions or advice from a qualified legal professional.
Official source
Read the official Cybercrimes Act from the South African Department of Justice and Constitutional Development.
Cybercrimes Act, 2020 — official PDF